Federal Courts

This is a basic survey course covering the federal courts, their place in the structure of American government, their relations with the Legislative and Executive branches and with the states, and their adjudication of federal-question cases concerning constitutional and civil rights, federal social welfare programs, and environmental and business regulation. This course builds on first-year courses in Constitutional Law and Civil Procedure and complements upperclass courses on modern public law and legal institutions: e.g., Administrative Law, Immigration Law, Environmental Law, Labor Law, and Conflict of Laws. Topics include the separation of federal judicial, legislative, and executive powers, Congress’ authority to prescribe the federal courts’ jurisdiction and to assign adjudicatory duties to other bodies (e.g., “legislative” courts and agencies), private authority to mount litigation to enforce federal law, standing to sue in federal court, conflicts between federal and state courts, the states’ immunity from private lawsuits, the Supreme Court’s authority to review state court judgments, and “abstention” doctrines governing the exercise of federal judicial power. We will explore theoretical and policy questions—asking not only what federal-courts law is at the moment, but also what it should be. Yet we will organize our discussions around practical lawyering in the federal courts—identifying and analyzing the constitutional, statutory, and judge-made hurdles that litigants must clear to obtain a decision on the merits of a federal question. Especially recommended for students who plan to practice with firms that represent clients subject to federal regulation, to pursue careers with federal or state agencies and departments, or to handle constitutional, civil rights, or other public interest litigation.